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“condonation of delay”

AppealsSection 249Section 24912,312 judgments

The decision most relied on for condonation of delay is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on condonation of delay

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

Balakrishnan v. M. Krishnamurthy
7 SCC 123 · 1998 · Supreme Court
368
citing judgments

The Supreme Court outlines the principles for condoning delay in filing appeals, stating that a litigant's lapse is not always a bar if the explanation is bona fide and not a dilatory strategy. Courts should show utmost consideration to suitors and prioritize substantial justice unless the delay is deliberately to gain time.

Vishin Meghani v. DCIT & Anr
398 ITR 250 · 2017 · High Court
291
citing judgments

This case is cited as an authority supporting the condonation of delay in filing income tax appeals, particularly when an assessee presents a request for such condonation.

Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others
118 ITR 507 · 1979 · Supreme Court
268
citing judgments

For condoning delay, the term 'sufficient cause' must be interpreted liberally and purposively to advance justice. Delay not tainted by mala fides, gross negligence, or recklessness, and based on honestly obtained legal advice, constitutes sufficient cause.

Inder Singh v. State of Madhya Pradesh
2025 INSC 382 · 2025 · Supreme Court
267
citing judgments

Non-deliberate procedural delays caused by circumstances beyond control must be condoned in the interest of substantial justice, even if the delay is significant, such as over 1500 days.

Vedabhai v. Santaram
253 ITR 798 · 2002 · Supreme Court
262
citing judgments

When substantial justice and technical considerations are in conflict, substantial justice should be prioritized. Condoning delay requires a cautious approach without malafide or dilatory tactics, and 'sufficient cause' should be interpreted liberally to advance substantial justice.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

Judgments citing condonation of delay

Sri Lakshmi Venkateswara Mutually Aided Cooperative Society Limited, Visakhapatnam vs. Income Tax Officer, Ward-1(1), Visakhapatnam

ITA 140/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam20 Feb 2025AY 2018-19

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.T.A.No. 140/Viz/2024 (निर्धारण वर्ष/ Assessment Year: 2018-19) Sri Lakshmi Venkateswara Mutually Aided Cooperative Society Limited D.No. 49-12-33 Lalitha Temple Street Lalitha Nagar, Akkayyapalem Visakhapatnam – 530016 Andhra Pradesh [Pan: Aadas2078L] (अपीलार्थी/ Appellant) V. Income Tax Officer – Ward – 1(1) Income Tax Office Pratyakshakar Bhavan Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Smt A. Aruna, Advocate : Dr. Aparna Villuri, Sr. Ar : 06.02.2025 : 20.02.2025 आदेश /Order Per Shri S Balakrishnan: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter In Short "Ld.Cit(A)"] Vide Din & Order No.

Section 143(3)

filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking for condonation of delay and read out the contents of the petition which is as under: "1. The learned Commissioner of Income Tax (Appeals) passed the order ... were beyond the control of the appellant. The delay is neither intentional nor deliberate. Therefore, the appellant prays the hon'ble ITAT to condone the delay of 346 days in filing the appeal and pass appropriate order in the interest of rendering substantial justice.” 3. On perusal of the contents

Sri Surya Narayana Swamy Vari Devasthanams, Arasavalli vs. The Assistant Commissioner of Income Tax, Exemption Circle, Vijayawada

In the result, appeal of the assessee is allowed

ITA 121/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam20 Feb 2025AY 2017-18

Bench: Shrik Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./ I.T.A. 121/Viz/2023 (निर्धारण वर्ा/ Assessment Year : 2017-18) Sri Surya Narayana Swamy Vari Vs. The Assistant Commissioner Devasthanams, Of Income Tax, Arasavalli, Exemption Circle, Srikakulam District. Vijayawada. Pan: Aaajs0913Q (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 11(2)Section 12ASection 13(9)Section 143(2)Section 143(3)Section 43(10)

directed the Commissioner of Income Tax (Exemptions) to admit such belated applications for the condonation of delay. He therefore pleaded that the delay is not intentional or deliberate but only due to inadvertence and therefore, exemption U/s. 11(2) of the Act cannot be denied on this issue ... 30/04/2017 before the jurisdictional Assessing Officer. These facts are not disputed by the Ld. Revenue Authorities. The CBDT has issued a direction to condone the delay for the AYs 2016-17, 2017-18 and 2018-19 to accept the Form-9A and Form- 10 by condoning the delay

Rukmani Devi, Jaipur vs. ACIT Holding Charge of ITO Ward-7(2), Jaipur

ITA 1446/JPR/2024[2011-12]Status: DisposedITAT Jaipur20 Feb 2025AY 2011-12

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR, JM आयकरअपील सं./ITA No. 1446/JP/2024 निर्धारणवर्ष / Assessment Year: 2011-12 Smt. Rukmani Devi 8, Mukhiya Abad Vidhani Sanganer, Jaipur 302 017 बनाम Vs. The ITO Ward 7(2) Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.:AWLPD 2180 M अपीलार्थी / Appellant निधर्धारिती की ओरसे / Assessee by : Shri Vijay Gupta, CA., Ms. Apeksha Kalra, Adv. राजस्व की ओरसे /Revenue by: Sh. Manoj Kumar, JCIT-DR. सुनवाई की तारीख / Date

For Appellant: Shri Vijay Gupta, CA. & Ms. Apeksha Kalra, AdvFor Respondent: Sh. Manoj Kumar, JCIT-DR
Section 148Section 250

reported by Registry, the appeal is barred by limitation of 29 days. Alongwith appeal, the assessee also presented an application seeking condonation of delay in filing the same. 5. Admittedly, the impugned order was passed on 12-08-2024 and the appeal was presented on29-11-2024. While arguing ... first instance, on the application seeking condonation of delay, ld AR for the applicant has submitted that the assessee is an old and illiterate lady whose return of incomes were being maintained by her husband. Ld. AR for the applicant has submitted that it was on 27-11-2024 that

Income Tax Officer, Kishangarh vs. Arun Agarwal, Kishangarh

ITA 1113/JPR/2024[2022]Status: DisposedITAT Jaipur20 Feb 2025

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपील सं. / ITA No. 1113/JP/2024 निर्धारण वर्ष / Assessment Year : 2022-23 Income Tax Officer, Kishangarh बनाम Vs. Arun Agarwal B-16, Marble Mandi 3rd Phase RIICO Industrial Area Madanganj Kishangarh, Ajmer स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: ADQPA 2796 J अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: None. राजस्व की ओर से / Revenue by : Sh. Manoj Kumar, JCIT-DR सुनवाई की तारीख / Date o

For Appellant: NoneFor Respondent: Sh. Manoj Kumar, JCIT-DR
Section 143(3)Section 250Section 69C

dated 21.06.2024. Present appeal came to be presented on 24.08.2024. An application came to be filed on behalf of the department seeking condonation of delay of three days. Ld. DR for the appellant-applicant has submitted that the appeal could not be filed within the prescribed period, as in some ... assessee, no reply came to be furnished to this application controverting the averments put forth therein by furnishing sufficient cause seeking condonation of delay. 7. Calculating the period for the purpose of filing of this appeal, the same having been filed only 3 days after the prescribed period

Murthi K Ranganathan, Krishnagiri vs. ITO, Ward-1, Krishnagiri

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3201/CHNY/2024[2012-13]Status: DisposedITAT Chennai20 Feb 2025AY 2012-13

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3201/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Shri Murthi K.Ranganathan, Income Tax Officer, 109-D, Kannukannoor Vs. Ward-1 Valipatti Panchayat, Krishnagiri. Pochampalli Taluk, Rangampatti, Krishnagiri-635 306. Pan: Aonpm-7495-L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. Girish Kumar, Advocate ""यथ" क" ओर से/Respondent By : Ms.Gauthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 20.02.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against Cit(A) - Nfac Order Dated 23.11.2023, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2012-13. 2. There Is A Delay Of 320 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Along With Affidavit Stating Therein The Reasons For Belated Filing Of This Appeal. The Reason Stated For Belated Filing Of This Appeal Is That Assessee Was Suffering From Severe Health Ailments I.E., L-5 Listhesis, Disc Bulge & Cervical Spondylosis, Due To Which The Assessee Was Unable To Follow The Chartered Accountant To Present The Appeal. The Ld. Ar Submitted That Owing To Health Issues, Lack Of Conversant With Electronic Proceedings & The Period Which Pertains To Fag End Of Covid-19, There Was Delay In The Filing This Appeal. Therefore, The Ld.Ar Pleaded For Condonation Of Delay. The Medical Certificates To Effect That Assessee Was Suffering From The Above Ailments Are Placed On Record.

For Appellant: Mr. Girish Kumar, AdvocateFor Respondent: Ms.Gauthami Manivasagam, JCIT
Section 250

Year is 2012-13. 2. There is a delay of 320 days in filing this appeal. The assessee has filed a petition for condonation of delay along with affidavit stating therein the reasons for belated filing of this appeal. The reason stated for belated filing of this appeal is that ... period which pertains to fag end of Covid-19, there was delay in the filing this appeal. Therefore, the Ld.AR pleaded for condonation of delay. The medical certificates to effect that assessee was suffering from the above ailments are placed on record. 3. After perusing reasons stated in the affidavit

Star Drugs & Research Labs Pvt. Ltd., Hosur vs. DCIT, Circle-1(1), Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 3177/CHNY/2024[2013-14]Status: DisposedITAT Chennai20 Feb 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 3176 & 3177/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Star Drugs & Research Labs Deputy Commissioner Of Private Limited, Vs. Income Tax, 2Nd Floor, 16C/16D/16E/16F, Circle-1(1) Star Shoping Complex, Salem. Old Krishnagiri Road, Hosur-635 109. Pan: Aaecs-3826-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.Richa Bakiwala & Mr.P.Hemasundara Rao, Advocates ""यथ" क" ओर से/Respondent By : Mr.A.Sasikumar,Cit सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 20.02.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Two Separate Orders Of Cit(A) - Nfac Both Dated 09.01.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2013- 14. Ita No.3176 & 3177//Chny/2024 2. There Is A Delay Of 256 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Affidavit Of The Director Stating Therein The Reasons For Belated Filing Of These Appeals. The Reason Stated For Belated Filing Of These Appeals Is That Assessee Had Engaged New Tax Consultant & There Was No Proper Communication Between The Present & Old Consultants & Due To Lack Of Co-Ordination & Oversight, Necessary Compliance Could Not Be Made Within The Prescribed Time Limit. It Was Further Submitted In The Affidavit That Deponent’S Brother, Who Was Also A Director In The Assessee Company Was Suffering From Severe Illness During The Course Of Appellate Proceedings & He Unfortunately Expired In September, 2024 After Prolonged Illness.

For Appellant: Ms.Richa Bakiwala &For Respondent: Mr.A.Sasikumar,CIT
Section 250Section 271(1)(c)

No.3176 & 3177//CHNY/2024 2. There is a delay of 256 days in filing these appeals. The assessee has filed a petition for condonation of delay along with affidavit of the Director stating therein the reasons for belated filing of these appeals. The reason stated for belated filing of these appeals ... genuine and sufficient reasons shown for belated filing of these appeals and no latches could be attributed to the assessee. Therefore, we condone the delay in filing these appeals and proceed to dispose off the appeals on merits. 4. At the very outset, we notice that both the assessment